Educational Rights When a Student Turns 18
Information for Parents, Guardians, and Adult Students
Turning 18 is an important milestone. Under the Family Educational Rights and Privacy Act (FERPA), a student becomes an “eligible student” at age 18, and the rights previously held by the parent or guardian transfer to the student.
These rights include the ability to:
- Review the student’s educational records
- Request corrections to records believed to be inaccurate or misleading
- Provide consent before personally identifiable information is released
- Make decisions and sign documents related to the student’s education
Once these rights transfer, parents and guardians may no longer automatically receive attendance notices, grades, educational records, or other school communications without the student’s authorization.
FERPA permits, but does not require, the District to share information with a parent or guardian without the adult student’s consent in certain circumstances. These may include:
- The student is claimed as a dependent for federal income tax purposes
- Information is needed during a health or safety emergency
- A school employee shares information based on personal knowledge or direct observation rather than information contained in the student’s educational record
Attendance Responsibilities
Under California Education Code section 46012, students who are 18 or older assume the responsibilities previously held by their parent or guardian for verifying their absences from school.
An adult student may authorize a parent or guardian to continue receiving attendance information and communicating with the school. However, the adult student remains responsible for their attendance and absence verification.
Students Receiving Special Education Services
When a student receiving special education services turns 18, educational rights generally transfer from the parent or guardian to the student unless a court has determined that the student is unable to make their own decisions.
The District will notify both the student and the parent or guardian of the transfer of rights and provide the required procedural safeguards.
Continuing Parent or Guardian Involvement
SMMUSD recognizes the important role families continue to play in supporting students after they turn 18. An adult student may choose to authorize a parent, guardian, or another trusted adult to:
- Receive educational records and school communications
- Receive attendance information and absence notices
- Participate in school meetings
- Assist with educational decisions
- Continue participating in Section 504 or Individualized Education Program meetings, when applicable
To provide this authorization, the student must complete and sign the SMMUSD Adult Student Educational Rights Form on or after their 18th birthday.
Completed forms should be returned to the student’s school office. School records and communication permissions will then be updated to reflect the student’s decision.
Authorization is voluntary and may be revoked by the adult student in writing at any time. The student continues to retain their own educational rights even when they authorize a parent, guardian, or another adult to remain involved.
For questions or assistance, please contact your student’s school office or SMMUSD Student Services.
